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122 MPs urge Court of Appeal to declare PM and Cabinet unlawful
View(s):A Quo Warranto petition was filed in the Court of Appeal on Friday by 122 Parliamentarians, challenging the appointment of purported Prime Minister Mahinda Rajapaksa and the new cabinet. The petitioners allege that the appointments were in violation of the Constitution and amounted to a groups of individuals seizing state power unconstitutionally.
The petitioners urge Court to direct the 49 respondents cited in the petition to show under what authority they function in the office as purported Prime Minister, Cabinet ministers, deputy ministers and state ministers. The petitioner MPs charge that the Prime Minister and ministers were sworn into office in an unlawful and illegitimate manner and they purport to exercise government power in direct violation of the Constitution.
Noting that two No-Confidence Motions against the purported Prime Minister were passed with majority in Parliament on November 14 and 16, the petitioners say they are of the view that in terms of Article 48 of the Constitution, the Cabinet stood dissolved from November 14. Therefore, all state ministers and deputy ministers cease to function.
However, the petitioners note that first; second, third respondents, namely Mahinda Rajapaksa, Johnston Fernando and Vasantha Senanayaka, purported to function as Prime Minister and cabinet ministers respectively, notwithstanding the dissolution of the Cabinet.
The petitioners alleged that the respondents have arrogated state power to themselves by continuing to function as if they were cabinet ministers, deputy ministers and state ministers while claiming to have formed the government in violation of the law and the rights of the citizens of the country.
Expressing serious concerns that a state of anarchy and chaos would ensue in the country given the fact that the purported government has lost two votes of No-Confidence and that it does not command the majority in Parliament, the petitioners note that this purported government will not be able to pass a Budget, authorise any appropriation, carry a statement of government policy or even pass legislation.
The petition points out that the President purported to remove the Prime Minister on October 26 and later dissolved the cabinet through a backdated gazette on the same day, while the President continued to be in charge of the Ministries of Defence, Mahaweli Development and Environment.
The petitioners urge the Court of Appeal to issue an interim order restraining Mr. Rajapaksa from functioning as Prime Minister and other respondents from functioning as cabinet ministers until the final hearing. They also urge that a mandate in nature of Quo Warranto to be issued to direct the respondent to show by what authority they claim to function in the purported government.
They also urge the Court to rule that the purported Prime Minister and his cabinet are not entitled to hold the office.